Acts and Regulations

P-7.1 - Personal Property Security Act

Full text
Interpretation
2(1)For the purposes of this Act,
(a) a natural person knows or has knowledge when information is acquired by the person under circumstances in which a reasonable person would take cognizance of it,
(b) a partnership knows or has knowledge when information has come to the attention of one of the general partners or a person having control or management of the partnership business under circumstances in which a reasonable person would take cognizance of it,
(c) a body corporate knows or has knowledge when information, in writing, has been delivered to the body corporate’s registered office or attorney for service, or when information has come to the attention of
(i) a managing director or officer of the body corporate, or
(ii) a senior employee of the body corporate with responsibility for matters to which the information relates,
under circumstances in which a reasonable person would take cognizance of it,
(d) the members of an association know or have knowledge when information has come to the attention of
(i) a managing director or officer of the association,
(ii) a senior employee of the association with responsibility for matters to which the information relates, or
(iii) all members,
under circumstances in which a reasonable person would take cognizance of it, and
(e) a government knows or has knowledge when information has come to the attention of a senior employee of the government with responsibility for matters to which the information relates under circumstances in which a reasonable person would take cognizance of it.
2(2)Except as otherwise provided in this Act, the determination as to whether goods are “consumer goods”, “inventory” or “equipment” shall be made as of the time the security interest attaches.
2(3)Proceeds are traceable whether or not there is a fiduciary relationship between the person who has a security interest in the proceeds as provided in section 28 and the person who has rights in or has dealt with the proceeds.
2(4)Repealed: 2008, c.S-5.8, s.109
2(5)This Act is to be interpreted and applied, insofar as the context permits, in a manner that promotes the inter-jurisdictional harmony of the law of personal property security in Canada.
2(6)This Act binds the Crown.
2008, c.S-5.8, s.109
Interpretation
2(1)For the purposes of this Act,
(a) a natural person knows or has knowledge when information is acquired by the person under circumstances in which a reasonable person would take cognizance of it,
(b) a partnership knows or has knowledge when information has come to the attention of one of the general partners or a person having control or management of the partnership business under circumstances in which a reasonable person would take cognizance of it,
(c) a body corporate knows or has knowledge when information, in writing, has been delivered to the body corporate’s registered office or attorney for service, or when information has come to the attention of
(i) a managing director or officer of the body corporate, or
(ii) a senior employee of the body corporate with responsibility for matters to which the information relates,
under circumstances in which a reasonable person would take cognizance of it,
(d) the members of an association know or have knowledge when information has come to the attention of
(i) a managing director or officer of the association,
(ii) a senior employee of the association with responsibility for matters to which the information relates, or
(iii) all members,
under circumstances in which a reasonable person would take cognizance of it, and
(e) a government knows or has knowledge when information has come to the attention of a senior employee of the government with responsibility for matters to which the information relates under circumstances in which a reasonable person would take cognizance of it.
2(2)Except as otherwise provided in this Act, the determination as to whether goods are “consumer goods”, “inventory” or “equipment” shall be made as of the time the security interest attaches.
2(3)Proceeds are traceable whether or not there is a fiduciary relationship between the person who has a security interest in the proceeds as provided in section 28 and the person who has rights in or has dealt with the proceeds.
2(4)If the collateral is a security with a clearing agency, the transferee or secured party shall be deemed to have taken possession of the security when the appropriate entries have been made in the records of the clearing agency.
2(5)This Act is to be interpreted and applied, insofar as the context permits, in a manner that promotes the inter-jurisdictional harmony of the law of personal property security in Canada.
2(6)This Act binds the Crown.